[Federal Register Volume 60, Number 121 (Friday, June 23, 1995)]
[Notices]
[Pages 32706-32707]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-15409]



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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service


Availability of an Environmental Assessment and Receipt of an 
Application for a Permit to Allow Incidental Take of the Threatened 
Northern Spotted Owl and Threatened Marbled Murrelet by the Oregon 
Department of Forestry on the Elliott State Forest, Coos and Douglas 
Counties, Oregon

AGENCY: Fish and Wildlife, Interior.

ACTION: Notice of document availability; request for comments.

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SUMMARY: This notice advises the public that the Oregon Department of 
Forestry (Applicant) has applied to the U.S. Fish and Wildlife Service 
(Service) for an incidental take permit pursuant to section 10(a)(1)(B) 
of the Endangered Species Act of 1973, as amended (Act). The 
application has been assigned permit number PRT-803344. The requested 
permit would authorize incidental take of the threatened northern 
spotted owl (Strix occidentalis caurina) (owl) and threatened marbled 
murrelet (Brachyramphus marmoratus) (murrelet) on the Elliott State 
Forest (Forest) in Coos and Douglas Counties, Oregon. The proposed 
incidental take would occur as a result of timber harvest activities in 
owl and murrelet habitat.
    The Service also announces the availability of an Environmental 
Assessment (EA) for the proposed issuance of the incidental take 
permit. All comments received will become part of the public record and 
may be released. This notice is provided pursuant to section 10(c) of 
the Act and National Environmental Policy Act regulations (40 CFR 
1506.6).

DATES: Written comments on the permit application and EA should be 
received on or before July 24, 1995.

ADDRESSES: Comments regarding the application or EA should be addressed 
to Curt Smitch, Assistant Regional Director-North Pacific Coast 
Ecoregion, U.S. Fish and Wildlife Service, Pacific Northwest Habitat 
Conservation Plan Program, 3773 Martin Way East, Building C--Suite 101, 
Olympia, Washington 98506 (360-534-9330). Please refer to permit number 
PRT-803344 when submitting comments. Individuals wishing copies of the 
documents for review should immediately contact the office listed 
above.

FOR FURTHER INFORMATION CONTACT: Brian Bogaczyk, at the office listed 
above.

SUPPLEMENTARY INFORMATION:

Background

    Under section 9 of the Act and its implementing regulations, 
``taking'' of owls and murrelets, both threatened species, is 
prohibited. However, the Service, under limited circumstances, may 
issue permits to authorize take of threatened wildlife species if such 
taking is incidental to, and not the purpose of, otherwise lawful 
activities. Regulations governing permits for threatened species are in 
50 CFR 17.32.
    The Applicant proposes to implement a Habitat Conservation Plan 
(HCP) for owls and murrelets that will allow timber harvest on portions 
of the approximately 93,000 acre Forest in Coos and Douglas Counties, 
Oregon. The Applicant's proposed timber harvest may result in the take, 
as [[Page 32707]] defined in the Act and its implementing regulations, 
of owls and murrelets in the harvest area. The permit authorizing 
incidental take would be in effect for 60 years for owls, and 6 years 
for murrelets. The HCP includes mitigation that would be in effect for 
60 years, and would benefit both owls and murrelets. The application 
includes an HCP and Implementation Agreement.
    The Applicant proposes to mitigate the incidental take by: (1) 
Setting aside approximately 19 percent of the Forest in late 
successional reserves located along riparian areas, in important owl, 
murrelet, and other wildlife habitat, and other areas of high 
ecological or scenic value; (2) managing the remaining Forest acreage 
in longer (80-240-year) timber rotations; (3) reducing habitat 
fragmentation and edge; (4) maintaining a forest landscape conducive to 
dispersal by owls; (5) dedication of research funds for 5 years to 
investigate murrelet and owl habitat relationships; and (6) habitat 
enhancement at the stand level. The Applicant will minimize take 
through: (1) Implementing a decision hierarchy procedure designed to 
ensure timber harvest only occurs in the poorest quality potential 
murrelet habitat; (2) protect and buffer currently known murrelet-
occupied sites; (3) for the first 5 years of HCP implementation, 
protect a 70-acre core area around currently known owl activity 
centers, and restrict timber harvest and road construction activities 
within 0.25 miles of currently known owl nest sites during the breeding 
season; and (4) prohibit timber harvest and road construction within 
0.25 miles of known occupied murrelet stands during the breeding 
season.
    The EA considers the environmental consequences of 5 alternatives, 
including the Proposed Action and No Action alternatives. The Proposed 
Action is the issuance of a permit under section 10(a) of the Act that 
would authorize incidental take of owls for 60 years and murrelets for 
6 years on the Forest, in accordance with the HCP. The Conservation 
Biology alternative would set aside 81 percent of the Forest in 
reserves, and would have the lowest level of take, other than the No 
Action alternative. The Intermediate Rotation alternative would set 
aside 13 percent of the Forest, would not include many of the 
mitigation and minimization measures inherent in the proposed action, 
and would produce the highest level of take. The Modified Interim Plan 
alternative would set aside 67 percent of the Forest, and would produce 
an intermediate level of take. Under the No Action alternative, the 
Applicant would avoid incidental take of owls and murrelets and the 
permit would not be issued.

    Dated: June 19, 1995.
John H. Doebel,
Deputy Regional Director, Region 1, Portland, Oregon.
(Notice: Availability of an Environmental Assessment and Receipt of 
an Application for a Permit Under Section 10(a)(1)(B) of the 
Endangered Species Act.)
[FR Doc. 95-15409 Filed 6-22-95; 8:45 am]
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